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  • Coleman v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-01-06
    Practice Area: Administrative Law
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1510

    The appellate court rejected claimant's argument that his employer bore the burden of demonstrating that all his injuries, accepted and alleged, were not work-related or that there was an independent cause for such injuries given precedent narrowing the holding in Gumro v. Workmen's Comp. Appeal Bd. The appellate court affirmed.

  • Muma v. Dep't of Health

    Publication Date: 2020-01-06
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1517

    Hearing officer erred in denying petitioner's application for a nunc pro tunc hearing and granting department's motion to quash because department denied petitioner his opportunity to be heard in the first instance and abused its discretion in applying nunc pro tunc appeal standards to deny petitioner's untimely request for an initial hearing. Vacated.

  • Milton Hershey Sch. v. Pennsylvania Human Relations Comm'n

    Publication Date: 2019-11-18
    Practice Area: Civil Rights
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1365

    Commission erred in determining that petitioner was a public accommodation without holding an evidentiary hearing because the question of whether an entity was a public accommodation was determined by the specific factual situation of each case and motions examiner erred in relying on the argument that "any and all schools" were covered under 43 P.S.§954(l). Vacated.

  • Best Courier v. Dep't of Labor & Industry

    Publication Date: 2019-11-04
    Practice Area: Administrative Law
    Industry: Cargo and Shipping | Transportation
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1291

    Respondent was not entitled to nunc pro tunc relief on its untimely petition for reassessment of unemployment compensation taxes where the company received timely notice of the assessment at one of its offices and offered no evidence that it made arrangements to monitor mail received there, despite knowing the office was not staffed daily. The appellate court affirmed.

  • Pennsylvania AFL-CIO v. Commonwealth of Pennsylvania

    Publication Date: 2019-10-21
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1229

    The general assembly did not delegate its legislative authority when it enacted §306(a.3) of Pennsylvania's Workers' Compensation Act, but adopted existing standards as its own in the exercise of its power to legislate; therefore, petitioner failed to state a legally sufficient claim for declaratory or injunctive relief in its challenge to the statute. The court sustained respondents' preliminary objections.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Miles v. FOP Lodge No. 5

    Publication Date: 2019-09-16
    Practice Area: Dispute Resolution
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1095

    Plaintiff employee had standing to pursue an appeal from an unfavorable arbitration decision following a grievance filed by her union where the union withdrew its appearance and did not participate in any legal decisions in the arbitration due to a perceived conflict of interest with plaintiff. The court of common pleas vacated and remanded.

  • Farlow v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2019-08-26
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0996

    Parole violator not entitled to credit for time served on parole board's warrant where credit was correctly allocated to parolee's sentence arising from new criminal charges. Order of the board of probation and parole affirmed.

  • Perrotta v. Commonwealth

    Publication Date: 2019-08-26
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1004

    Trial court did not err in granting licensee's appeal of the denial of his application for an ignition interlock and non-commercial learner's permit because department did not meet its burden to permanently deny licensee's operating privileges under § 1503(a)(8) but trial court erred in ordering department to grant the license because that exceeded its authority. Affirmed in part and vacated in part.

  • Sadler v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-06-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0638

    Workers' compensation appeal board erred in denying claimant's petition asserting his AWW was miscalculated because it did not include his overtime and erred in granting employer's suspension petition because claimant was not "incarcerated after a conviction" when he was incarcerated before his conviction when he could not make bail. Reversed, vacated and remanded.

  • Amalgamated Transit Union Local 1279 v. Pennsylvania Labor Relations Bd.

    Publication Date: 2019-05-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0579

    The Pennsylvania Labor Relations Board did not commit an error of law when it concluded that an employee's protected union activity was not proximate in time sufficient to infer anti-union animus as a motive for her termination. The appellate court affirmed a decision of the Pennsylvania Labor Relations Board.